Section 318 of the Fiscal Year 2004 Defense Authorization Act enacts the
Defense Department's proposal to weaken the Endangered Species Act's
Critical Habitat provisions as they apply to Department of Defense
facilities. The Department can declare victory in the major combat phase
of this conflict, but the battle between the protection of
habitat/species and military readiness will continue.
The fully formatted language appears on pages 64-65 of the PDF file
downloadable from http://www.house.gov/rules/H1588_CR.PDF. I have pasted
a text version below.
Lenny Siegel
SEC. 318. MILITARY READINESS AND CONSERVATION OF PROTECTED SPECIES.
(a) LIMITATION ON DESIGNATION OF CRITICAL HABITAT.—Section 4(a)(3) of
the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(2) by inserting "(A)" after "(3)"; and
(3) by adding at the end the following:
"(B)(i) The Secretary shall not designate as critical habitat any lands
or other geographical areas owned or controlled by the Department of
Defense, or designated for its use, that are subject to an integrated
natural resources management plan prepared under section 101 of the
Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing that
such plan provides a benefit to the species for which critical habitat
is proposed for designation.
"(ii) Nothing in this paragraph affects the requirement to consult under
section 7(a)(2) with respect to an agency action (as that term is
defined in that section)
"(iii) Nothing in this paragraph affects the obligation of the
Department of Defense to comply with section 9, including the
prohibition preventing extinction and taking of endangered species and
threatened species."
(b) CONSIDERATION OF EFFECTS OF DESIGNATION OF CRITICAL HABITAT.—Section
4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is
amended by inserting "the impact on national security," after "the
economic impact,".
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Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org
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